Judicial Review of a decision of the Scottish Criminal Cases Review Commission not to make a reference to the High Court of Justiciary in terms of section 194B of the Criminal Procedure (Scotland) Act 1995:- In February 2005 the appellant was convicted on indictment of several charges of indecent assault and was sentenced to three years imprisonment on the most serious charges, which involved very intimate contact with and injury to one complainer, and imprisonment for one year on the remaining charges to run consecutively with the first sentence. The petitioner applied to the High Court of Justiciary for leave to appeal on the basis that the sentence of four years imprisonment was excessive. The sifting judge refused leave to appeal and an an appeal against that refusal was refused by two judges, who considered that the grounds of appeal were not arguable. The petitioner applied to the Commission, asking it to exercise its power to refer the case to the High Court and a statement of reasons the Commission stated:- "In light of the whole facts and circumstances of the applicant's case, the Commission is not persuaded that the length of sentence imposed upon the applicant was such that it could be said that a miscarriage of justice may have occurred." Here the petitioner sought to have that decision reduced. It was submitted on behalf of the petitioner that the Commission, in terms of section 194C(a) of the Criminal Procedure (Scotland) Act 1995, had erred by applying its mind to the merits of his case, rather than to whether it was arguable.

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Full Judgement here...